An idea does not become a legal principle just because it can be expressed in Latin, and Latin maxims should not anyway be used when the parties cannot readily comprehend them. So said the High Court in 2000.
A gas fitter was injured when he knelt on a sewing needle deeply imbedded in a deep pile carpet. The judge held that the doctrine of “res ipsa loquitur” (the thing speaks for itself) did not apply.
All the judge needed to say was that liability depended on whether the person knew the needle was there and let it remain there. They did not, so there was no liability. A gas fitter was more likely to understand such an argument than to speak Latin.
Corbin v Penfold Metallising Co Ltd. CA. The Times 2 May 2000
[2000.5/6]